Opinion
Argued October 2, 2001.
October 29, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered June 6, 1997, convicting him of criminal sale of a controlled substance in the third degree (four counts), criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, and criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, HOWARD MILLER, NANCY E. SMITH, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in consolidating the indictments involved in this case (see, CPL 200.20[b]; People v. Bongarzone, 69 N.Y.2d 892; People v. Quartieri, 171 A.D.2d 889).
The record demonstrates that the defendant was not deprived of his right to be present during a material stage of the proceedings (see, People v. Sanchez, 213 A.D.2d 566; People v. Bozella, 205 A.D.2d 790).
The defendant's remaining argument is unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit (see, People v. Almodovar, 62 N.Y.2d 126; People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847; People v. York, 133 A.D.2d 130).
KRAUSMAN, J.P., McGINITY, H. MILLER and SMITH, JJ., concur.